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Interesting articles and podcasts

Fri Oct 12 2018

Australia to repeal the IP exemption in competition legislation by Kim O'Connell and Peta Stevenson of King & Wood Mallesons - the intellectual property exemption in section 51(3) of the Competition and Consumer Act 2010 (Cth) may soon be repealed and as a result commercial arrangements concerning IP rights will be treated in the same way as any other commercial arrangement

Casual chaos by Wesley Rogers and James True of Marque Lawyers - examines changes to the rules around casual employment

Court construes meaning of “in consultation with” : Parkinson v Mackay Sugar [2018] QSC 168 by Hiroshi Narushima and Sally Randall of Gilbert + Tobin - considers Parkinson v Mackay Sugar [2018] QSC 168

Expert witnesses and prior inconsistent statements : have you done your homework? by Vince Annetta and Christine Demiris of Clayton Utz - examines the decision in Rodi v Western Australia [2018] HCA 44

Law Report (ABC) for 9 October presented by Damien Carrick - Anti-abortion protesters face High Court and US Supreme Court Justice Brett Kavanaugh sworn in

Not enough to say no : what the changes in modern awards will mean for discussing and refusing flexible work requests by Courtney Ford and Catherine Burkhalter of Maddocks - considers Family Friendly Working Arrangements [2018] FWCFB 5753

Supreme Court decision highlights uncertainty in NDIS funding by Charlotte Mackenzie and Eliza Elliott of Lander and Rogers - decisions like Sharp v Home Care Service of NSW [2018] NSWSC 1319 highlight the need for clarity around support entitlements for participants in the scheme

Uncertain times for the commercial jurisdiction of the District Court by Scott Goodman SC of Greenway Chambers - examines the commercial jurisdiction of the District Court of New South Wales

Who bears the onus to establish whether the plaintiff was a phantom passenger? by Helen Huang of McCabe Curwood - considers Nguyen v Tran [2018] NSWCA 215

Zombie mark has no bite by Michael Owens and Celeste Bennett of Gadens - zombie marks are trade mark applications that sit on the Australian register, waiting for approval or registered trade marks that are not being used, the decision in 1872 Holdings VOF v Havana Club Holding SA [2017] ATMO 12 has provided a new precedent for dealing with zombie marks

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